Facts and Case Summary: Texas v. Johnson
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FACTS AND CASE SUMMARY: TEXAS V. JOHNSON
Facts and case summary for Texas v. Johnson, 491 U.S. 397 (1989)
Flag burning constitutes symbolic speech that is protected by the First Amendment.
FACTS
Gregory Lee Johnson burned an American flag outside of the convention center where the
1984 Republican National Convention was being held in Dallas, Texas. Johnson burned the
flag to protest the policies of President Ronald Reagan. He was arrested and charged with
violating a Texas statute that prevented the desecration of a venerated object, including the
American flag, if such action were likely to incite anger in others. A Texas court tried and
convicted Johnson. He appealed, arguing that his actions were "symbolic speech" protected
by the First Amendment. The Supreme Court agreed to hear his case.
ISSUE
Whether flag burning constitutes "symbolic speech" protected by the First Amendment.
RULING
Yes.
REASONING The majority of the Court, according to Justice William Brennan, agreed with Johnson and
(7-3)
held that flag burning constitutes a form of "symbolic speech" that is protected by the First
Amendment. The majority noted that freedom of speech protects actions that society may
find very offensive, but society's outrage alone is not justification for suppressing free
speech.
In particular, the majority noted that the Texas law discriminated upon viewpoint, i.e.,
although the law punished actions, such as flag burning, that might arouse anger in others, it
specifically exempted from prosecution actions that were respectful of venerated objects,
e.g., burning and burying a worn-out flag. The majority said that the government could not
discriminate in this manner based solely upon viewpoint.
DISSENT
Justice Stevens
Writing for the dissent, Justice Stevens argued that the flag's unique status as a symbol of
national unity outweighed "symbolic speech" concerns, and thus, the government could
lawfully prohibit flag burning.
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